p. 495The People of the State of New York ex rel. James J. McHugh, Relator, v. Francis V. Greene, as Police Commissioner of the Police Department of the City of New York, Respondent.Headnote
The police commissioner of New York city has power to reduce a roundsman to the grade of patrolman.Under section 288 of the Greater New York charter (Laws of 1901, chap. 466), which provides, “Roundsmen shall be selected from among patrolmen of the first grade, but roundsmen may be reduced to the grade of patrolmen at any time by the police commissioner after due trial upon charges, the determination of which may be reviewed by writ of certiorari,’’ the police commissioner of the city of New York has power, after a roundsman on such police force has been tried before him on charges, to punish such roundsman by reducing him to the grade of patrolman.
Certiorari issued out of the Supreme Court and attested on the 31st day of December, 1903, directed to Francis Y. Greene, as police commissioner of the police department of the city of New York, commanding him to certify and return to the office of the clerk of the county of Rings all and singular his proceedings had in relation to reducing the relator from the rank of roundsman to the grade of patrolman.
Terence J. McManus, for the relator.
James D. Bell [Edward H. Wilson and John Delany with him on the brief], for the respondent.
This is certiorari to review the action of the police commissioner of the city of New York in reducing a roundsman to patrolman after his trial upon charges. The learned counsel for the relator does not discuss the evidence beyond characterizing it as very weak and indefinite, but relies upon the legal proposition that the commissioner was without power to impose such punishment. We think that he clearly had the power under section 288 of the Greater New York charter, which in part provides: “Roundsmen shall be selected from among patrolmen of the first grade, but roundsmen may be reduced to the grade of patrolmen at any time
p. 496by the police commissioner after due trial upon charges, the determination of which may be reviewed by writ of certiorari.”
We also think that the evidence was sufficient to sustain the finding.
The determination should be confirmed, with costs.
All concurred.
Determination confirmed, with costs.